The Legal Eviction Process for Abandoned Storage Units in England & Wales

At BuyAbandoned.com, we understand that dealing with abandoned storage units requires careful attention to legal requirements while maintaining compassion for all parties involved. Our comprehensive eviction process ensures full compliance with UK law while protecting both storage operators and tenants' rights.

Understanding the Legal Framework

Storage operators have a legal right to recover unpaid fees under two key pieces of legislation:

  1. Torts (Interference with Goods) Act 1977 - This provides the legal basis for selling abandoned goods to recover debts

  2. Self-Storage Association (SSA) UK Code of Practice - Industry guidelines that ensure fair treatment of all parties

We strictly adhere to these regulations to protect our clients from potential liability claims while ensuring tenants receive fair treatment throughout the process.

Detailed Step-by-Step Eviction Process

1. Confirming Abandonment & Calculating Debt

Our process begins with thorough verification:

  • Payment Status Check: We confirm the unit has been unpaid for at least 14 days (or longer if specified in the rental agreement)

  • Debt Calculation: Our team meticulously calculates:

    • Base rental arrears

    • Contractually agreed late fees

    • Reasonable incurred costs (including lock cutting, administrative fees, and any other legitimate charges)

  • Contact Attempts: We require multiple contact attempts through:

    • Phone calls to all known numbers

    • Emails to registered addresses

    • Written notices sent to the tenant's last known address

2. Serving the Legal Notice

In compliance with Section 12 of the Torts Act 1977:

  • We prepare and send a formal "Notice of Intention to Sell Goods"

  • This notice includes:

    • Detailed breakdown of all outstanding charges

    • Clear deadline for response (minimum 14 days)

    • Explanation of consequences for non-payment

  • The notice must be sent via recorded delivery to ensure proof of service

3. Handling Special Circumstances

Deceased Tenants Protocol

When we encounter units where the owner has passed away:

  1. Next of Kin Search: We conduct thorough searches through:

    • Contacting emergency contacts

    • Checking public records

    • Working with local authorities

    (Note: In approximately 90% of cases, no next of kin can be located)

  2. Sensitive Items Procedure:

    • Personal documents (passports, birth certificates, family photos) are handled with special care

    • Buyers are instructed to leave such items in the unit

    • Our staff securely stores these items while attempting to locate relatives

  3. Financial Safeguards:

    • Any surplus funds are held in interest-bearing accounts

    • Facilities may choose holding periods (typically 30-90 days)

    • After the holding period, unclaimed funds may be retained by the facility

Financial Example Breakdown

Let's examine a typical case:

  1. Original Debt: £200 (3 months unpaid rent + late fees)

  2. Auction Sale Price: £500

  3. Deductions:

    • BuyAbandoned.com commission (8% of gross): £40

    • Administrative costs (locks, labor, paperwork): £160

  4. Surplus Funds: £100

    • Held for 30-90 days in interest-bearing account

    • If unclaimed, reverts to facility with no further recourse

4. Auction Preparation & Execution

Once the notice period expires:

  • Pre-Auction Verification:

    • Double-check all legal requirements have been met

    • Confirm proper notice periods were observed

    • Verify all contact attempts were properly documented

  • Inventory Process:

    • Detailed cataloging of all items

    • Professional valuation of high-value goods

    • Secure storage of sensitive documents

  • Auction Management:

    • Online and/or in-person auction options

    • Transparent bidding process

    • Secure payment collection

5. Post-Sale Procedures

After a successful auction:

  1. Debt Settlement:

    • Primary debts are cleared first

    • All legitimate fees are accounted for

  2. Surplus Management:

    • Held for statutory period

    • Detailed records maintained

    • Clear audit trail for any potential claims

  3. Final Reconciliation:

    • Full accounting provided to facility

    • Documentation archived for future reference

Why Storage Facilities Trust BuyAbandoned.com

Our comprehensive approach offers:

✔ Complete Legal Protection: Full compliance with all UK regulations
✔ Ethical Practices: Respectful handling of sensitive situations
✔ Financial Transparency: Clear accounting at every stage
✔ Efficient Recovery: Maximizing returns while minimizing hassle

Need Assistance with an Abandoned Unit? admin@buyabandoned.com

Our team of experts is ready to guide you through every step of the compliant eviction process. Contact us today for a consultation.

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